Criminal Liability of Corporation: An Indian Perspective

National University of Study and Research in Law (NUSRL); University of Petroleum and Energy Studies (UPES), Students

Date Written: December 20, 2012

Abstract

Current Supreme Court’s decision have made the stand apparently clear in India that the Corporation can be prosecuted as a separate legal entity even in the offences where the punishment is imprisonment. This article explains the present status of India on Corporate Criminal Liability and how judicial decision is inconsistent with the legal provisions. It further provides the current situation about the corporate criminal liability in the International scenario. The apex court’s decision under various matters reflects the gravity of the concerned problem i.e being faced by the aggrieved parties. The Concept of No soul to kick has become outdated and applicability of lifting the corporate veil has unveiled the sheath. The current research on this subject have been included and it is substantiated with the effect of recent Supreme Court’s judgement and also focused on the dilemmatic situation of the Court’s decision.

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